Brazilian Climate Litigation Platform
Type of Action
Petition (PET)
Court of origin
Federal Supreme Court of Brazil (STF)
Filing Date
08/2019
Original case number
8351
State of origin
Distrito Federal (DF)
Link to court of origin’s consultation website
http://portal.stf.jus.br/Summary
This is a petition (PET) for the investigation of a political-administrative infraction constituting a crime of responsibility, denounced by Fabiano Contarato, Randolph Frederich Rodrigues Alves, and Joenia Batista de Carvalho, federal parliamentarians, against Ricardo Salles, then Minister of the Environment. The petitioners argue that the accused's public management at the head of the ministry proved incompatible with the probity and decorum required of those holding the position. They report, among other decisions and omissions deemed unworthy, the violation of international commitments ratified by the Brazilian government to combat climate change, especially the Paris Agreement. They assert that the ministerial policy implemented by the accused was not proactive in achieving Brazil's targets for reducing Greenhouse Gases (GHG). In this context, they point to a lack of commitment to combating illegal deforestation in the Amazon Rainforest, jeopardizing protective public policies. They further emphasize the existence of budget cuts at IBAMA, which compromise enforcement actions. Finally, they request recognition of the crime of malfeasance committed by the then Minister of State for the Environment, imposing the penalty of dismissal from office, as well as disqualification from holding public office for eight years.
The Reporting Justice, in a single-judge decision, determined that the applicants lacked standing and ordered the case to be dismissed.
The requesting party then filed an interlocutory appeal, reiterating the terms of the petition and emphasizing that its standing is based on Article 14 of the Law on Crimes of Responsibility (Law 1.079/1950), which, according to the account, grants any citizen the right to denounce a Minister of State.
In a subsequent single-judge decision, the Reporting Justice pointed to the loss of the object of the Appeal, given the dismissal of Ricardo Salles from the position of Minister, thus ruling the appeal inadmissible and terminating the proceedings. With the judgment becoming final, the action was archived.
Plaintiff
Type of plaintiff
Defendant
Type of defendant
Main norms mobilized
Brazilian biomes
Amazon (tropical forest)Greenhouse Gas (GHG) emission sectors
Land Use Change and ForestryStatus
Completed
Environmental and/or climate justice approach
Non-existent
Claim alignment with climate protection
Favorable
Climate approach
Contextual argument
Document type
Decision of a single judge
Origin
Supremo Tribunal Federal (STF)
Date
08/2021
Brief description
The plaintiff's appeal filed by the Ministry of the Environment was deemed to have lost its purpose, given the dismissal of the aggrieved party. The plaintiff's appeal was dismissed.
Document type
Decision of a single judge
Origin
Supremo Tribunal Federal (STF)
Date
10/2019
Brief description
The court finds that there is no standing to initiate proceedings to investigate a criminal offense. The court understands that this is the responsibility of the Public Prosecutor's Office, not private individuals. The petition is dismissed.
Document type
Complaint
Origin
Fabiano Contarato; Randolph Frederich Rodrigues Alves; e Joenia Batista de Carvalho
Date
08/2019
Brief description
They request recognition of the practice, by the then Minister of State for the Environment, of crimes of responsibility against probity in administration, for issuing orders or making requests contrary to the express provisions of the Constitution; for not holding his subordinates accountable, when manifested in functional crimes or in the practice of acts contrary to the Constitution; and for acting in a manner incompatible with the dignity, honor and decorum of the office, being imposed on him the penalty of loss of office, as well as disqualification from holding public office for eight years, under the terms of Law 1.079/1950.